the svea court of appeal in the early modern period 244 ed. Diricksen was also ordered to return the same number of bins to the Ermiss that Diricksen had had removed from the construction site.669 When a civil case was appealed, the appellant was to inform the court of his intention to appeal. This often occurred immediately after the trial (stante pede) and was recorded as a protestatio. If the party made a similar request (reprotestatio), this was also recorded. The appellant pledged a surety (Appellationspfenning) and was ordered to lodge his appeal “at the next session of the Royal Court of Appeal in Dorpat, lest he be responsible for the consequences.”670 The question about surety is interesting from the comparative point of view. The Ordinance of Judicial Procedure (1614) and the Procedural Rules for the Court of Appeal (1615) do not recognize a surety. Instead, the Legal Procedure states that the appellant has followed “all the formalia and requisita expressed in the Swedish Law” (alle formalia och requisita, uthi Sweriges Lagh uttryckte). The “Swedish law” in this case is the Law of King Christopher, which was originally promulgated in 1442, but more recently confirmed in 1608. Sections 37-39 have to do with the legal wager, a medieval procedural institution functionally equivalent to the Roman-canon appeal. Although the system of wager is discussed in more detail elsewhere in this volume (see Mia Korpiola’s article), a few observations are in order. Wager was possible vis-à-vis the decisions of the nämnd, the lower court judge (häradshövding) and upper court judge (lagman). The Procedural Rules for the Court of Appeal of 1615 thus transported the wager system into the new era, that of the Court of Appeals, although we know little of how it functioned there and to what extent the old system was in fact replaced by a modernappellatio. The Livonian system, in turn, was a purely Roman-canon one. Since the wager system had not been known there, it is logical that it was not introduced into the new procedural laws of the Swedish era either. The amount of theAppellationspfennig, six marks, was one of the many bet sums mentioned in the Law of Christopher as well, but it is difficult to say whether the Swedish law was imitated here. However, in both Livonian law and that of Sweden proper, the minimum interest in civil cases was 50 dalers (Legal Process, 1 §; Stiernman, 156). Certainly the Livonian “appel669 EAA, 915/1/4, Pernauer Landgericht 1641, fol. 6. 670 The minimum worth of a civil case, in order for an appeal to be possible, was 50 dalers, Landgerichtsordnung 1630, § 15; Verbesserte Landgerichtsordnung 1632, § 37.
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